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(1) A licensee must store, manage, and dispose of solid and liquid waste generated during marijuana production and processing in accordance with applicable state and local laws and regulations.

(2) A licensee must store marijuana waste in a secured waste receptacle in the possession of and under the control of the licensee.

(3) A licensee must render marijuana plant waste unusable by:

(a) grinding or otherwise rendering the waste unrecognizable and mixing it with at least 50 percent nonmarijuana waste by volume before disposal; or

(b) grinding, compacting, or chopping the waste into pieces smaller than three inches. 

(4) A licensee may create compostable mixed waste for compost feedstock or another organic waste, such as an anaerobic digester, by mixing marijuana plant waste with food waste, yard waste, or vegetable based grease or oils.

(5) A licensee may create noncompostable mixed waste to be disposed in a landfill or another disposal method, such as an incinerator, by mixing marijuana plant waste with paper waste, cardboard waste, plastic waste, or soil.

(6) Waste that must be rendered unusable prior to disposal includes:

(a) marijuana plant waste, including roots, stalks, leaves, and stems that have not been processed with solvent;

(b) waste solvents used in the marijuana process;

(c) spent solvents, laboratory waste, and excess marijuana from any quality assurance testing; and

(d) marijuana items that ultimately fail to meet testing requirements.

(7) A licensee must maintain accurate and comprehensive records regarding waste material in the seed-to-sale tracking system to include:

(a) items disposed;

(b) quantity by weight or volume;

(c) date disposed;

(d) disposal method;

(e) reason for the disposal;

(f) identity of the individual who disposed the waste; and

(g) record of the destination of marijuana waste rendered unusable.

(8) A licensee must provide a minimum of 72 hours' notice in the seed-to-sale tracking system prior to rendering the marijuana item unusable and disposing of it.


History: 50-46-344, MCA; IMP, 50-46-303, 50-46-308, 50-46-311, MCA; NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.413, 2021 MAR p. 765, Eff. 7/2/21; AMD, 2021 MAR p. 1147, Eff. 9/11/21.

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